Prosecutors call on new Bulger judge to uphold immunity decision - New York News

Prosecutors call on new Bulger judge to uphold immunity decision

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BOSTON (MyFoxBoston.com) -- Federal prosecutors are asking the judge presiding over James "Whitey" Bulger's trial to uphold a previous court decision that would prevent Bulger's attorneys from using an immunity defense.

In court documents filed on Monday, prosecutors formally submitted their opposition to Bulger's motion calling for his new trial judge to overturn the ruling on immunity previously made by U.S. District Court Judge Richard G. Stearns.

Prosecutors claim Bulger has not provided any detail regarding when he made an immunity deal with former U.S. Attorney Jeremiah O'Sullivan or cited a case in which immunity was decided by a jury. They also claim Bulger has not pointed out anything that is "legally incorrect" with Judge Stearns's immunity opinion.

The prosecutors further claim Bulger has continually recycled "previously rejected arguments" and attacked public servants.

"Indeed, Bugler's defense has become nothing more than a game of legal 'whack-a-mole,'" says the memorandum filed by prosecutors.

Judge Stearns was removed from the case in March after critics claimed his background as a former federal prosecutor could create the appearance of bias. Judge Denise Casper has since been tapped to preside over the trial.

Shortly after Judge Stearns's removal, Bulger's lawyers asked Judge Casper to overturn his ruling which bars Bulger from using his claim of immunity as a defense.

The 83-year-old reputed mob boss, who claims he is an FBI informant, is scheduled to stand trial in June for his alleged role in 19 killings.

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